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What Is an Uncontested Divorce in Texas?

 Posted on March 23, 2024 in Divorce

TX divorce lawyerIt can be difficult and emotional for a couple to realize that the next step they should take is divorce. While there are the familiar and stereotypical couples on TV who fight it out in court and do everything in their power to try to punish each other, in truth, there are often couples whose marriage is not working but who still care for each other. There are also couples who no longer love each other but who still feel sad about breaking up with someone they used to share their entire life with. 

Marriage does not always need to end in an ugly and bitter divorce. For people who have good intentions of splitting up in a way that can be agreeable to both, an uncontested divorce might be a good option. This article will provide information about uncontested divorce, but if you think you would like to pursue this, you should speak with a Denton County, TX divorce lawyer to find out more.

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What Are the Benefits of a Texas Postnuptial Agreement?

 Posted on March 13, 2024 in Family Law

TX divorce lawyerThe concept of a prenuptial agreement is something many people are familiar with, even if they do not have a thorough understanding of what it entails. It essentially is an agreement signed by a couple before they get married that outlines various financial understandings and expectations for the marriage and should the marriage end. Since many people do not have a sufficient understanding of the benefits of a prenup and it is natural for engaged couples to avoid thinking they could end up getting a divorce, a lot of people opt out of signing one. With time, as maturity and the reality of merged finances set it, a couple might come to regret this. In these situations, they may decide to sign a postnuptial agreement. An experienced Propser, TX postnuptial agreement lawyer can explain your options.

How Can a Postnuptial Agreement Help Me?

There are several reasons a couple might want to sign a postnuptial agreement. For example, if you or your spouse have bought or started a business, as individuals or as a couple, a postnuptial agreement can help set your minds at ease about what would happen to this business in the event of a future divorce. Some couples decide to sign a postnup if they have made significant investments or high-value purchases of properties and assets, the division of which would have a large impact on their finances. Some couples draft a postnup if they are considering divorce; they may still try to work on their marriage, but the realization that divorce is a distinct possibility might inspire them to already work out what would happen with their finances later on. Other couples might have heard that having a prenup can give a married couple peace of mind, and so they sign a postnuptial agreement for the same purpose.

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What Are the Grounds for Paternal Testing?

 Posted on February 28, 2024 in Family Law

Collin County family lawyerDetermining paternity is an important legal matter with implications for child support, custody, inheritance, and more. In Texas, there are several grounds by which a court may order genetic testing to establish paternity. A Texas lawyer can help determine when testing may be in your best interest.

Contested Paternity

The most common reason for ordering a paternity test is when paternity is actively contested or denied. If a presumed father challenges paternity or an alleged father denies he is biologically related to the child, the court has the authority to require testing. This helps resolve doubts over the identity of the legal father.

Typically, the mother, father, or a governmental entity like the Office of the Attorney General may file a suit requesting the court settle the question of paternity. Genetic testing provides a definitive scientific answer when paternity is unclear or disputed.

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Creating a Custody Plan for a Child with Special Needs

 Posted on February 21, 2024 in Family Law

Frisco family law attorneyWhen parents of a child with special needs separate or divorce, creating a custody plan requires extra care and consideration. The needs of the child must remain the top priority throughout the process. With open communication, flexibility, and proper legal guidance, parents can develop an effective joint custody arrangement tailored to their child. A Texas family law lawyer can help make sure you are following the proper steps.

Understanding Your Child's Needs

The first step is understanding your child's specific needs related to their disability, disorder, illness, or condition. Document their routine, therapies, interventions, medications, and any other plans. Also, make note of any behavioral, learning, or medical issues that require accommodation. These details will help inform custody discussions.

Get input from doctors, therapists, and teachers to understand the full scope of your child's needs. They may also provide letters documenting the necessity of certain services and treatments for your child's well-being. Bring these to custody mediations to give legal guidance.

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Your Rights with a Child Support Modification Case

 Posted on January 25, 2024 in Child Support

Collin County family lawyerWhen a child support order is in place, either parent has the right to request a modification if their circumstances change substantially. As a parent, it is crucial to understand your legal rights in a child support modification proceeding. This ensures you can advocate effectively for a fair support order that meets your child's needs. A Texas family law attorney can help ensure you are on the right path to the best possible outcome.

What Triggers the Right to Seek Modification

Under Texas law, modification becomes an option if certain things change for either the obligor (paying) or obligee (receiving) parent. Triggers include:

  • Loss of Job or Significant Income Reduction
  • Disability or Long-Term Illness
  • Retirement
  • A Child Reaching the Age of 18

Changes in Custody Arrangements

The change in circumstances must be substantial and sustained. For example, switching from a full-time to a part-time job may qualify if it dramatically reduces income. The goal is to adjust support to fit the new financial reality.

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What to Know About Restraining Orders in Texas Family Law

 Posted on January 12, 2024 in Family Law

Collin County family lawyerDomestic violence is, unfortunately, common. You deserve the right to try and see if you can put a restraining order in place to stay safe. A Texas family lawyer can help you with the steps to file this.

What Qualifies as Domestic Abuse for a Restraining Order

Many types of abusive actions in intimate relationships allow victims to obtain restraining orders. Some examples of domestic violence include:

  • Physical abuse - Acts like hitting, kicking, choking, and using weapons
  • Sexual abuse - Forced sex acts or unwanted touching
  • Emotional abuse - Threats, verbal attacks, controlling behaviors, stalking

Verbal fights and controlling actions like monitoring phone calls can support domestic violence claims along with physical attacks. Stalking behaviors and threats also often back up requests for protective orders.

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What You Need to Know About Child Support in Texas

 Posted on December 28, 2023 in Child Support

Collin County family law attorneyAs a parent getting divorced in Texas, details on setting, collecting, or modifying child support can shape your child's quality of life. There are some key things you should know when going through a divorce and seeking child support. A Texas family law attorney can help you determine what you may potentially get for child support and how to fight for your rights.

How Texas Calculates Support Amounts

Texas operates by specific child support guidelines that calculate payment amounts based on both parents' income levels and custody arrangements. The goal is to alleviate the burden on the primary caretaker. Gross income, taxes paid, retirement contributions, and additional factors all determine the final monthly amount owed for supporting kids. Judges use this formula for consistency but can override the amount if circumstances merit.

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How Do Investments Get Divided During Divorce?

 Posted on December 14, 2023 in Divorce

Frisco family lawyerWhen couples divorce, assets acquired together, including property, bank accounts, and investments, must be divided equitably based on marriage circumstances. This asset split introduces financial and legal complexity for those with investment portfolios comprising 401ks, stocks, and mutual funds. Navigating how to untangle years of mixed contributions and market gains to arrive at a fair split requires understanding statutes, demarcating separate versus marital property, and awareness of tax implications that could lessen total value without strategic guidance. A Texas lawyer can help so you can understand the process easier.

Identifying All Investment Assets

The first step in dividing investments in divorce is full financial disclosure by both spouses. This requires documenting all taxable and retirement investment accounts each individual owns. Tracking down statements for 401ks, IRAs, brokerages, mutual funds, and stock options ensures everything gets put on the table before deciding on allocation. Omitting an asset accidentally or intentionally fails to split it.

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Do You Always Have to Pay Alimony in Texas?

 Posted on November 20, 2023 in Divorce

North Texas family lawyerSpousal maintenance, commonly called alimony, is not an automatic requirement in divorce cases. Whether one spouse must pay ongoing financial support to the other depends on certain circumstances. You should be aware of alimony laws and when alimony may or may not be awarded. A Texas lawyer can help you so you know exactly what to expect.

Texas Alimony Basics

Texas views marriage as each spouse being self-sufficient unless proven otherwise. Alimony is only intended to provide temporary assistance until an economically disadvantaged spouse can become independent after divorce. Payments are not guaranteed.

The court can order alimony if one spouse clearly shows they cannot independently provide for their minimum reasonable needs, based on factors like:

  • Insufficient earning ability due to age, lack of education and training, health issues, or other barriers

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Navigating Co-Parenting After a Divorce in Texas

 Posted on November 13, 2023 in Divorce

Frisco family lawyerEnding a marriage with children involved presents the additional challenge of adjusting to a co-parenting relationship with your former spouse. While cooperation is ideal, various issues can strain positive co-parenting after a divorce. Understanding the common obstacles and constructive strategies will help you effectively work together for your kids. A Texas lawyer can also help you establish the best possible co-parenting custody plan.

Disagreements Over Custody Schedules and Changes

Frequent conflicts often arise when trying to balance both parents’ wishes to spend time with the children. Scheduling disputes, last-minute changes, missed visits, and confusion over holidays all add tension. Communicating respectfully is key. When needed, mediators can facilitate fair compromises.

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